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HomeMy WebLinkAbout06-16-1982 CITY COUNCIL AGENDACITY OF SARAT Q'1 p Initial: AGENDA BILL NO. _ 0 Dept. Hd. DATE: June 16. 1982 IMMUT-HaNGISM SUBJECT: Petition Re Traffic Control on Sumner Drive C. Atty. C. Mgr. Issue Sumnary Petition submitted requesting traffic control which will discourage through traffic on Sumner between Fredericksburg Drive and Saratoga - Sunnyvale Road. Three alternatives suggested; stop signs, closure and partial closure. Recomnendation Maintain existing conditions or implement only those changes which are least disruptive to circulation and traffic flow. Hold public hearing on any change. Require petitioners to pay all costs of implementation. Fiscal Impacts None if petitioners are required to pay. Exhibits /Attachments 1. Petition 2. Staff Report Council Action 6/16: Clevenger /Jensen moved to authorize placement of a stop sign at Blue. Meadow and Sumner and make Sumner one way between McCartysville and Fredericksburg, with the petitioners bearing the cost of imolementation. Passed 3 -2 (Mallory; Watson opposed). Jensen/6Jatson moved to 'reconsider previous motion at a. later time. Passed 5 -0. UIP D E7 C J C 1c, -, A , , 4 — atoms ? 12489 Blue Meadow Court Saratoga, California 95070 28 S-aptember 1981 V1- City Council Saratoga City Hall Saratoga, California 95070 Dear Councilmen: You are requested to consider and take expeditious action on the attached petition, The traffic problem described has become intolerable, H^peated calls to the Santa Clara County Sheriff's Department and to the Saratoga City Hall have yielded only excuses and statements of sympathy. Only you can act. Since moving to this house in the Meadowbrock Homes development, our front lawn has been severely damaged on three different occasions from teenagers deliberately coming up our driveway and driving across the lawn leaving deep tire tracks across the lawn. In the latest of infuriating events, on August 16th, at 2 :30 a.m., another teenager who was not in proper control of his vehicle failed to negotiate the turn at the corner of Sumner and Blue Meadow Court and, as.a result, ran into our house causing severe damage to the garage and equipment that was in the garage. If you cannot take action without a public hearing, please advise me of the date and place, as many of my neighbors and myself will wish to speak out on this issue. Sincerely yours, Laurence D. Chipman (408) 252 -0636 LDC /dc Attachment /* I PETITION FOR TRAFFIC CONTROL ON BLUE MEADOW COURT AND SUMNER DRIVE (cont) • WAN ADDRESS 70 UAIIIIM4 (2-5 L5 ./-2-t;"3 7 12737 A0 —J oil, Co-6 a;� e 7— 3 ee c L 2, a �j7 • FETITIOii on TRAFFIC CONTROL ON BLUE MEADOW COURT AND SUPIlTER DRIVE Since the time that Sumner Drive was opened to vehicular traffic from Fredricksburg, the safety and tranquility of the neighborhood has been con - siderably diminished. Carniel, Blue Meadow Court, and Sumner Drive are p::•s:sentl.,y used as a short cut from Saratoga - Sunnyvale Road to Fredricksburg by r:tiur.exous people who show no regards for the rights of the owners who °s %,ones are on those streets. At all hours of the day and night, people speed t *:rou €:,h this route endangering the lives of ourselves and our children, damaging n. ?,­ -property, creating unpleasant noise from roaring engines and squealing tires, and littering our yards with empty bottles and cans. The undersigned residents request that the Saratoga City Council inve_t .,Yate this problem and implement one of the two suggested remedies: 1. Install stop signs at the corners of (1) Blue Meadow Court and Sumner Drive; (2) Sumner Drive and McCartysville; and (3) at Sumner Drive and Fredricksburg. This would reduce the attractiveness of this route as a short cut between. Saratoga- Sunnyvale Road and Fredricksburg, and also discourage exc ?ssi: sneeds because of the relatively short distance between stop signs. 2. Close off Sumner Drive at Fredricksburg to all vehicular traffic exceDt for a walkway and bicycle path, This, in effect, would. cul -de -sac the whola I,eadowbrook Development. NAME ADDRESS r L jZ Cp���= l c� / of SA.R� REPORT TO MAYOR AND CITY COUNCIL DATE: 6/07/82 COUNCIL MEETING: 6/16/82 SUBJECT: Petition Re Traffic Control on Sumner Drive Between Fredericksburg Drive and Blue Meadow ---------------------------------------------------------------------------- Some months ago the residents of the area northeast of Saratoga - Sunnyvale Road and Cox Avenue petitioned the City relative to traffic control along Sumner Drive to discourage traffic between Fredericksburg Drive and Saratoga- Sunnyvale Road. The petition describes two possible alternatives and subsequent discussions with Lawrence D. Chipman, who transmitted the petition, have provided a third. The first suggestion was to install stop signs at three inter- sections along Sumner Drive; that is at Blue Meadow Court, McCartysville Place and Fredericksburg Drive. This is illustrated on Exhibit A attached. The second suggestion was to close off Sumner at Fredericksburg Drive. This is illustrated on Exhibit B attached. The third suggestion was to restrict travel between McCartysville Place and Fredericksburg Drive to one way traffic southwesterly toward Fredericksburg Drive. In addition possibly allowing right turns only onto Fredericksburg Drive was suggested. This is illustrated on Exhibit C. It should be noted that during the design of the subdivision north- westerly of the creek several iterations of street layout were reviewed, so as to create the one least likely to encourage short- cut through traffic. The existing pattern appeared to be the one which would accomplish this. Referring to the suggestion of stop signs along Sumner, we cannot, support or recommend this suggestion inasmuch as the stop sign warrants are not met at these locations. We refer to the several reasons for not installing unwarranted traffic control devices which we have discussed with you previously; the most significant being that drivers begin to disregard them which tends to breed a contempt of all such signs, warranted or not. Report to Mayor and City June 7, 1982 Council - Petition Re Traffic Page 2 Control on Sumner Drive Referring to the suggestion to close Sumner Drive at Fredericksburg, we cannot support or recommend this suggestion either for the follow- ing reasons: 1. Circulation would be totally disrupted by such closure. 2. Closure would create a cul -de -sac of 48 lots, which is not in accord with the City's long standing policy of 1S lots on a cul -de -sac. There would be no secondary access for these 48 lots. 3. The construction of the bridge over Rodeo Creek was appealed by the developer at the time the subdivision was constructed. The City Council, after deliberation of the matter, obviously required such construction to complete the connection to Fredericksburg Drive. This alternative might be considered if the Council were inclined to approve an emergency access road with gates at either end along the closed alignment. Referring to the suggestion of one way traffic between McCartysville Place and Fredericksburg, we do not recommend it either. However, we can support this suggestion as being the least disruptive. Our preference, of course, is to maintain the circulation as it currently exists. However, the proposal for one way traffic, while it restricts traffic, will leave the secondary access open. I see nothing to be gained by adding the right turn only on Fredericksburg and, therefore, recommend that no such provision be included if you approve this alternative. I would recommend to the Council that you condition any modification on payment of all cost of implementation on the petitioners. Obtain- ing additional public input by having a public hearing may be appro- priate. Robe S. Shook Director of Community Development RSS:cd Attachments 17 Alb3A3HD 99 'OL cD m n I JI . SE'16 Sb65 -d' a, LL 6L o i a �i PI ez — :,o . 1 899 9L In OE 4L sz zo, 5L 00. l ll J z (. . i «tr 8L N: c% 1. Si• �'Oz-c6 �4,9i Cy I `LtF ! l rl m1 E N\ SL �jU BEf l I \ G0 E 99 / +. 9q'!6 \ '' E a .i ' O6 Lc L4 0� \ / se's 3 \ SG 6r\ . £E W , iG B \ .,3 t� 9tJfla5)1,) \ \ 91 9t, LB 1 6CZ t B/ crop I 6 u / / `� +. • "•t. ti I r `. >. r• •.O, I u/ •r _ t i; I oi. \ \ o 1 91 • S/ I 1 01 6 \•. 5 �° so 6 I gL I LI 1 1 65'LL , bL'LE ! y/ !9 �e.4 l o r XJ7l/J + t '\ + ' .4 r .�. I .y // •� y \\ .\ ••i>° °j t=° }I, G,, .i ./ .44 4o ab, _ •.flv=a _ CLAR /pG Ot, i 41 i \• CIA Ib �% r._i�' ?s •O ` 'o \ \`j 3k .�a .• / / /tO' •rJ•r '0 �� /// y \` i °��� 'tbo -b9 ° G � 7d, `\ ,.,t ARP �O• to o G £L 8L L� �ZbJ3 B9 .8.. 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I , \ _ ' \ Sy L9 9 9L \` a• so / y/ 79 I 11 40I ES'! , tZ'[E •o'Q >e.►• - `, —y��, 1 •.68 Got .. ` I •A •.... o ':: °� �: >; 9Z.l6 9 %-`=- -..\r. / _ 030otl F Jl =O \ °.... Ib -- — CLAR /p ' \,..1 o Ale /' %�� a •O _ • to \ 3j / � •••+ U � / - {`c( \ � ,,� -- — 6.41 e+ G \ \ o rn \ a lo- li � °• \ \ P�' tS o 10 CITY OF SARATOGA AGENDA BILL NO. Q �y DATE: June 16, 1982 DEPARTMENT:. Community Development SUBJECT: Old Wood Road Storm Drain Issue Stmina_a Initial: Dept. Hd. C. Atty. C. Mgr. Project involved the installation of 386 L.F. of 12" R.C.P., the construction of 2 storm manholes, the installation of 28 L.F. of intercept.drain and the construction of a catch basin with concrete curb. This project eliminated a long standing and on going drainage problem. Recommendation Approve final acceptance and file Notice-of Completion on the above project. Fiscal Impacts Cost of Project: $16,222.50 which comes from Account #4508 Exhibits /Attachmcnts 1. Final progress payment No. 3 2. Notice of Completion Council Action Sheet 1 of 1 PROGRESS PAY ESTIMATE ,- PROJECT: OLD WOOD ROAD STDRM ORLI /!V DATE: June /6 /982 EST. N0 . � CITY OF SARATOGA CONTRACTOR: i�<JC /L' /C UNDEP6'I�DUND CONSTRUCT /cyx �r-8Z 13777 FRUITVALE AVE. ADDRESS: P.O. Box 2/85 FROM: 7,1 198Z TO: J(Jr-)e ¢, 198Z _ SARATOGA, CALIF. 95070 Ca. 9.5070 UNIT WRK�.DONE WRK. DONE TOTAL UNIT TOTAL %WORK ITEM BID ITEM QUANTITY PRICE TOTAL PREVIOUS THIS EST. WRK.DONE PRICE DUE DONE REMARKS FST 12929 ruNO NO: 386 Z.r. 28.75 11,097.50 323 63 386 ' 28.7.5 ' 09.50 /OD�o 28 28 31.25 875.00 100Y 2. ZNrc- Rc EPr Dg4lAl j v l 6 28 Z-,--- 31,25 875-00 D 2 1,025.00 Z D50.00 /00 3, 57-�n qAl M.4,v1V01-ES 2 EA. /025.00 2050.00 2 0 f / 2,200.00 2,200-00 /00% 4. CA TCN BAS /N AVO CL/RO 1 EA, 2, 260.60 Z, 200.00 Q RECORD OF PREVIOUS PAYMENTS '71 `lD,Z0 Z. 00 -- TOTAL DUE f 16, 222.50 LESS 10% RETENTION '� 1,622.25 TOTAL PAYMENT %4,600, 25 �adP B Dor3e LESS PREVIOUS PAYMENTS ' /0;202- 0O � By :'Z- � '� JE4:3'98. 25 Checked By : � PAYN1ENT DUE THIS EST . TOTAL: ,$/O, 202.00 r ve by Develcpmen c P.D. NO.: 12929 ruNO NO: 8 7 ACCT. NO: 4508 PROGRAM o 89"? DlYZSl0Al: 60 r RECORDING REQUESTED BY - AND WHEN RECORDED MAIL TO Name Sr e Add..,, st" a sm"e L —J SPACE ABOVE THIS LINE FOR RECORDER'S USE NAttre of (IMPILvan Nmirr is hereby given that ..........1.......... , the undersigned, .J.,, Wayne „Dernetz, ,, ................................................................................................................................. ............................... .............................. /the agent of J* the owner....... of th............. certain lot............ piece..............., or, parcel ............. of land situated in the ..... Ci tY... A. f-- 5A rdt— Q- gA........................................ County of ....• .......................................... ............................... Stale of California, and described as follows, to -wit: OLD WOOD ROAD STORM DRAIN That .. Saratoga .......................................................... ............................... .. ..............................; ................ ............................... , as owner...... of said land, did, on the ..30th...... day of ............ April .. ............................... 19 .. $. ............ , enter into a contract with ......................... Pacific Underground. Construction ...... ................................................................ ............................... for Old Wood Road Storm ................................................................................................................................. ............................... upon the land above described, which contract was filed in the office of the county recorder of the ......... ............................... county of .................................. .................. .............. , Slate of California, on the................. ............................... day of ................. ............................... , 19 ............; That on the ....... fourth ............................. day of ...... 7URe.... .............................., 19 A.2.... the said contract or work of improvement. as a whole, was actually completed by the said ................... .... Pacific ..Unde.rgroun.d...G.9n.StxliG.t7 9. n ................................................ ..............................: That the name ...... and address...... of all the owner...... of said property are as follows: City of Saratoga 13777 Fruitvale Ave. Saratoga, CA. 95070 and the nature of ........ ............................... title to said property is ........................ ............................... ................................................. ............................... ........ ..... ...................... ............................... City of Sarato.ga ................. planer............ STATE, OF CALIFORNIA fiy ............... ............................... .Ss. (:ounh uf.•.Santa Clara J. Wayne Dernetigent ................................................................................................................................ ............................... being duly . sroorn . .................. J..... Wayz e ... Dex netz.................................................................. sous: I am AgeAtjthe agent of]* the owner...... of the property described in the foregoing notice. l /rave rend the foregoing notice and know the contents thereof, and the snare is true of nn' own knowledge. Subscribed and sworn to before me this .......................... day of ...................... 19 ....... . l ................................................. ............................... it ........................................... .............................. ' Delete words in brackets it owner signs. - NoTter- of- e"Pte9'1aH- eY-9wN ” CITY OF SARATOGA AGENDA BILL NO: Initial: Dept. Head. �c�c DATE: June 16, 1982 City At DEPARTMENT: ------------------------------------------------------------------------------------------- Maintenance Services City Mgr: - - - - -- SUBJECT: Restoration of Wildwood Park Issue Summary A complete proposal for restoration of the storm damage at Wildwood Park and Saratoga Creek in the area.of the Park has now been completed by the Santa Clara Valley Water District and Soil Conservation Service, with-input from the City of Saratoga, Sanitation District and San Jose Water Works. In order to initiate the restoration Santa Clara Valley Water District requests the City grant a formal easement to the Water District and approves the restoration project as proposed. Santa Clara Valley Water District is cooperating with the Soil Conservation Service to bid the project, award contract and provide complete construction inspection. A memo outlining the restoration project, plans and the easement are attached. Recommendation Grant an easement of a portion of Wildwood Park to Santa Clara Valley Water District as requested and approve plans for restoration of the creek and Park as proposed by Santa Clara Valley Water District and the Soil Conversation Service. Fiscal Impact The Soil'Conservation Service has agreed to support 80% of the estimated $65,000 cost, the Santa Clara Valley Water District has agreed to support the remaining 20%. If the project goes over $65,000 the Water District will be responsible for the additional cost. The City will be responsible for completing the landscaping and paving the road after this construction is done. There is $20,000 proposed in the 1982 -83 Capital Improvement Budget for that purpose. Attachments /Exhibits Background memo. Plan diagrams. Resolution Granting Easement. Easement Deed. Council Action 6/16: Watson /Mallory moved to grant easement by adopting resolution 1094 grainting easement of a portion of Wildwood Park to Santa Clara Valley Water District for purposes of maintenance and repair of Saratoga Creek. Passed 5 -0. Qq 8 REPORT TO MAYOR AND CITY COUNCIL DATE: 6/09/82 COUNCIL MEETING: 6/16/82 SUBJECT: RESTORATION OF WILDWOOD PARK There are five public agencies involved in this project and restoration of Wildwood Park and Saratoga Creek; the City of Saratoga, Santa Clara Valley Water District, Soil 'Conservation Service, Sanitation District and the San Jose Water Works. Input on the design and plans for restoration have been provided by all agencies and the engineering plans were prepared by the Soil Conservation Service and Santa Clara Valley Water District. Objectives of Restoration 1) Water District to obtain an easement from City so they can perform work on the restoration of the creek channel. 2) Provide the proper creek channel and creek bed to control and direct flow of water. 3) Restore bank of creek channel. 4) Restore washed out area of Wildwood Park. 5) Protect Santitation District pipe. 6) Protect San Jose Water Works pipe. 7) Provide appearance of restoration as aesthetically pleasing as possible. 8) City to provide additional landscaping and pave roadway. Restoration of Wildwood Park Page Two Easement Dedication The easement requested by Santa Clara Valley Water District is that portion of the City owned park property directly related to the path of the creekbed, channel and bank. The City still has the use of the property and is responsible for restoring and maintaining any landscaping as well as paving and maintaining the roadway. The District accepts responsibility of maintenance of the creek channel and bank, and has the right to access in order to perform repair and maintenance of this area. It will be necessary for the City to grant this easement in order for the Santa Clara Valley Water District to have:the right to expend funds to repair the creek channel and the banks. The area to be dedicated is outlined on Exhibit A attached to the Easement Deed and includes .362'-.acres of property or approximately 15,800 square feet. Granting the easement will not alter the City's present or intended use of the Park. Restoration of Creek Channel and Bank The plan to restore the creek channel, creek bed and bank requires extensive work. No agency involved in this project can provide specifics as to how the previous creek channel was made, and there are no'-records showing there was ever a specific project to control the creek in this area. The Water District in cooperation with the Soil Conservation Service are therefore proposing a plan to reconstruct the entire creek channel, creek bed and banks, in order`:to control the flow of water and to prevent this kind of damage from occurring again. Obviously the creek bed, channel and bank must be solid rock in the area where the creek curves and this is the only area where the plans propose grouted rock. The entire creek bed will be rocked and brought up to the appropriate level, the bank will be sloped with the lower half rock and the upper half soil.., which is to be seeded for protection. The Soil '.Conservation Service recommends seeding with a combination of clover, poppy and rye. All existing trees will be saved. The plans show that rock tree wells will be placed around trees in the channel so they will be protected from flowing water. This rock well will also protect further damage to the creek channel or creek bank if for any reason the tree were to fall or-become up- rooted. The plans show that the Sanitation District line, which is below the roadway, will be protected as requested by the Santitation District and the San Jose Water Work's water line will be completely covered not only in the Park area and the sloped area but in the creek bed. The bed will be elevated to the necessary height in order to protect the underpinnings of the cement bridge which have been exposed by the tremendous water damage. The only area in which the Water District is recommended the typical cement rip -rap is at the southern most end of the cement bridge in order to protect that portion of the bridge adequately. Restoration of Wildwood Park Page Three The plans also call for the entire washed out area of the Park to be backfilled with earth material between the creek bank and the existing park. After the Soil Conservation Service and Santa Clara Valley Water District have finished the project as planned the City will work to restore landscaping and the natural appearance of the area and will pave the roadway so that City vehicles will have access to the Park without continuous and constant damage. If the project goes to bi.d in late June as planned by the Water District and Soil Conservation Service it is likely the work would be done in August and finished by September 1st as estimated. Staff recommend approval of the granting of the easement and of the proposed plan for restoration. I will be available at the meeting the answer any questions you might have on the proposal. AAr,e, Barbara Sampson, Director Maintenance Services Department cc: Dan Trinidad Roy Swanson le '.2021 — 9S E.r /sf. Refoining / O � / � • // Conform Too of bon 510 P� c = }� / tos to exisfin9 !) � � °� � ,PPmo✓e gist. 5a/d � T �Bue',Eh // w/PArfh �Afor %rat pP ��0 ; Q fill riorA,o Exist T�}o o f �. 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B) R.ELOC,4T�' E,1' /ST /MG i0 LOC<IT1'aV As s�ow,�r C) COYER SAVITARY s,, -J ER OM -3/4 �GRU�'fI f,'OCK �¢ SZXU.DARD Z) -Z.4) Q) CeNrl IL1,.E A 7 PR40i TIO� OF � "S1URY SEP/ E e Si7m CQNSERVA" ION OESIG14ED BY ARPR(�11ED T. Y OWNED BY r� DRAWING ,1 �C �.��!fil6n4f�Z'�1►A� I - - - -•� 8 +91 2, ,P "L ine 8.50 Sca /e • I IO' M i 9+65.5 9 +28.50 Scale : 1 "X /0 . S. M.11 \R i Nil-.N i "I. \t"RI(A i i I RF _ SOIL c;()\Sl-'R% SI"R% is :F r y Af'F`ftC1Vf I r'• .,Hf (,ht I- .,y DRAAINh NO C. a. Al sarafoya ck of wlmwood PA,-k �'' 613/82 ',H` ` ' 9 !O ti I I I I I I 'A Line n / 10 +I6 /0400 9 +93 "P "Line i , i,f. i ail i �i i.� i ►i �� ;f <i(:� i H 10. tii ►I I C(► \SI- R V V V I( )\ I- K\ I Scale . I " =!0' T. Y. .,.. . � C. B. h/. ,,Ha)A N , tit 5a rofoya CV- 4t 4V11d,wxd %,-k ,H, f! /0 IO 43 'r �4 d.v t , RESOLUTION NO. A RESOLUTION GRANTING EASEMENT OF A PORTION OF WILDWOOD PARK TO SANTA CLARA VALLEY WATER DISTRICT FOR PURPOSES OF MAINTENANCE AND REPAIR OF SARATOGA CREEK WHEREAS, the City of Saratoga owns property adjacent to Saratoga Creek referred to as Wildwood Park; and WHEREAS, Santa Clara Valley Water District is desirous of obtaining an easement deed of a portion of Wildwood Park which is part of or adjacent to Saratoga Creek; and WHEREAS, Santa Clara Valley Water District will be able to perform certain repair and maintenance to that area of Saratoga Creek and Wildwood Park only if an easement is obtained; and WHEREAS, giving of this easement will not alter the present or intended use of Wildwood Park by the City of public; NOW, THEREFORE, BE IT RESOLVED, that the City of Saratoga does hereby grant to Santa Clara Valley Water District an easement on that portion of Wildwood Park described in attached Easement Deed, Document Number 2021 -98 and as diagramed in Exhibit A containing an area of .362 acres of property. BE IT FURTHER RESOLVED, that Santa Clara Valley Water District upon completion of the Easement Deed shall file same with the recorder, County of Santa Clara, State of California. The above and foregoing resolution was passed and adopted by the City Council of the City of Saratoga at a regular meeting held on the day of 1982 by the following vote: AYES: NOES: ABSENT: ATTEST: CITY CLERK � MAYOR DO NOT WRITE ABOVE THIS LINE RECORD WITHOUT FEE UNDER SECTION 6103. GOVERNMENT CODE OF THE STATE OF CALIFORNIA AFTER RECORDING RETURN TO: SANTA CLARA VALLEY WATER DISTRICT 5750ALMADEN EXPRESSWAY SAN JOSE, CALIFORNIA 95118 EASEMENT DEED AND AGREEMENT (CORPORATION) SPACE ABOVE THIS LINE FOR RECORDER'S USE DOCUMENT NO ....................... 2021 -98 ... ............................... CITY OF SARATOGA, a Municipal Corporation .................................................................................................................................... ............................... ............................................................................................................................................... ............................... herinafter, "Grantor" ............ ................................................................................ ...................................................... ............................... a corporation organized and existing under and by virtue of the laws of the State of .....CaiifQni4 ................ does hereby grant, convey and dedicate to the SANTA CLARA VALLEY WATER DISTRICT, a public corpora- tion ( "District "), an casement for water management and /or storm water drainage purposes in, upon, over and across that certain real property, in the City of Saratoga County of Santa Clara ............................................................. State of California, described as: Being a portion of the lands described in deed dated July 16, 1968 and recorded in Book 8196 of Official Records at page 425 and a portion of Parcel G as said Parcel is shown on Record of Survey filed for record in Book 228 of Maps at page 50 and all of Parcel 4 as said parcel is shoran on.parcel map filed for record in Book 340 of ~laps at page 14, all of the above documents are in the office of the Recorder, County of Santa Clara, State of California. Being all of the lands lying between the general northeasterly line of Fourth Street as it exists and the following described line: Beginning at the most easterly corner of that 0.333 -acre parcel of land described in the deed dated July 3, 1978 and recorded in Book D 825 of Official Records at page 444 in the office of the Recorder, County of Santa Clara; State of California; thence leaving said corner parallel with the northwesterly line of the existing bridge over Saratoga Creek and northeasterly thereof in a southeasterly direction to the northeasterly prolongation of the radial line at the E.C. at the end of the.center line bearing of N 47 000100111V from Big Basin 1'ay as shown on aforesaid.parcel map. J,.. The side lines continuing and shortening so as to terminate at the general southeasterly line of the aforesaid 0.333 -acre parcel and the northeasterly prolongation of the aforesaid radial line as shown on Exhibit A, attached hereto and made a part hereof. Containing 0.362 acres of land, more or less. 2021 -98 , SUBJECT TO THE CONDITION that said real property shall, at all times, be available for public park purposes and municipal purposes incidental thereto. The easement shall be kept clear of any permanent structures, which would hinder the exercise of the rights granted herein. The easement shall include the right to construct, reconstruct, inspect, maintain and repair a channel, protection works and appurtenant structures, together with the right to trim or remove such trees or brush within the easement area as may constitute a hazard to persons or property or may interfere with the use of the said area for the purposes granted. It also shall include the right to enter upon said land with vehicles, tools, implements, and other materials, take therefrom and use, earth, rock, sand and gravel for the construction, maintenance and repair of said channel, protection works and appurtenant structures by said District, its officers, agents, and employees, and by persons under contract with it and their employees whenever and wherever necessary for flood control or storm drainage purposes; provided, that District shall secure Grantor's prior approval of its plans for any future creek bank or channel construction project or maintenance project except in the case of emergency and of routine maintenance within the confines of the creek banks and levees; Grantor's approval shall not be unreasonably withheld; and provided further, that neither the acceptance of this easement nor anything herein contained shall be construed as an assumption or acceptance by Grantee District of responsibility for the construction, reconstruction, repair and maintenance in a condition not dangerous or defective of any park and recreation facility, roadway, pathway or structure erected by Grantor City across said channel or within said easement area. District shall indemnify, defend, and hold harmless Grantor and its officers, agents, and employees, from liabilities, claims, losses and expenses, including attorney's fees and court costs caused by, arising out of or in connection with, either directly or indirectly, District's use of the said easement area. Grantor shall indemnify, defend and hold harmless District, its officers, agents and employees from liabilities, claims, losses and expenses, including attorneys' fees and court costs caused by, arising out of or in connection with, either directly or indirectly, Grantor's park and recreation use of the said easement area. 2 2021 -98 In WITNESS WI IIiRFOI=, said corporation has caused its corporate name to be hereunto subscribes! m)d its corporate seal to be affixedhereto this ......... ............................... day of ............... ............................... , 19......... . By...................................... ............................... ............................... President By..................................................................... ............................... Secretary [CORPORATE SEAL] STATE OF CALIFORNIA ss ............................... County of ............. ............................... On this .............................. day of ................... ............................... , 19........ , before me, the undersigned, a Notary Public in and for the State elf California, residing therein, duly commissioned and sworn, personally appeared ............... ............................... ......... ............................... . known to me to be the ............... ............................... President, and ......................... ............................... knownto me to he the ......................... ............................... Secretary ................................................................. ............................... of the corporation described in and that executed the within instrument, and also known to me to be the person..... who executed it on behalf of the corporation therein named, and ......he.......... acknowledged to me that such corporation executed the within instrument pursuant to its by -laws or a resolution of its board of directors. WITNESS my hand and official seal. ..................................... ............................... .........................(Seal) ........................................................................ ............................... Natne (Typed or Printed) Notary Public in and for Said County and State CERTIFICATE OF CONSENT AND ACCEPTANCE This is to certify that the interest in real property conveyed by the attached Deed or Grant to Santa Clara Valley Water District is hereby accepted by the undersigned duly authorized agent on behalf of the Board of Directors of said Santa Clara Valley Water District, pursuant to authority conferred by Resolution No. 68 -25 of said Board of Director's adopted on the 26th clay of .March 1968, recorded starch 27th, 1968 in Book 8069, Page 535, Official Records of Santa Clara County, California,and the Grantee consents to recordation thereof by its said duly authorized agent. Dated: ............. ............................... 19 ........ . FC 128 -2 (03- 31.77) SANTA CLARA VALI.EY WATI :R DISTRICT By: ................................................................................... ............................... General %hnagcr /( Icrk in the liwarrl of Direchgs (Strike out inappticahlc unc) M ! Q BOOK PAGE 'R 6 o9 ;75 J7 •R.IS- O A 503 26 Ov c � r R , 000 X' 25 ,. ` Z �b '•`� 4 y� \ O 23 4. \ "H H' 27 4.07 AC ' v �. oo y i 21 ,4 �O f -r•) AC '� `z� Esc �P Q `4e. � Ok (I' D 825 ��r °� / 9 444 Rr. i ' �°O 033 AL / o )799 'JO4 A`Y.' , %a Coe 5350 �° alf atop Q- CONDOMINIUM 5 ' P 4.,, Proj. Flo. 202 1! File No. 98 Jp d-,) ;S3SSV- N3S31H1VNJ'-I 1H91M4 C / / 9L61'1 H08VW 31V0 3AI103dd3 Wd , 100 N011VX710NV 3nN3n32f 3H1 30 LU ' HI IM 30NVN803NO3 Ni 031Idw03 Ice, p Exhibit hihit ��